512 HENRY V. STATE [321 Cite as 321 Ark. 512 (1995) Stephen HENRY v. STATE of Arkansas CR 95-770 905 S.W.2d 69 Supreme Court of Arkansas Opinion delivered September 11, 1995 APPEAL & ERROR — MOTION FOR RULE ON THE CLERK — GRANTED AS MOTION FOR BELATED APPEAL. — Where appellant filed his notice of appeal one day prior to the entry of judgment, it was of no effect, and appellant's motion for rule on the clerk was treated as a motion for belated appeal and was granted. Motion for Rule on the Clerk; Treated as Motion for Belated Appeal; granted. J. Slocum Picket!, for appellant. No response.
ARK.] 513 PER CURIAM. The appellant, Stephen Henry, has filed a motion for rule on the clerk. As appellant filed his notice of appeal one day prior to the entry of judgment, it was of no effect under our rules. Brewer v. State, 321 Ark. 220, 901 S.W.2d 11 (1995); Ark. R. App. P. 4. [1] We treat this motion as one for belated appeal and grant the motion. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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